1 Preamble

The Terms and Conditions laid out hereafter are binding for all transactions, present and future. Variants or oral additions must be fixed in writing. Other Terms and Conditions are not accepted, even if we do not object. The customer accepts our Terms and Conditions by placing his order. Consumers as named in these Terms and Conditions are natural persons without a commercial or professional activity with regard to the transaction with us. Commercial customers are persons or companies, who do a transaction with us with regard to their commercial or professional activity. A customer as named in these Terms and Conditions can be either a consumer or a commercial customer.

 

2 Contract

Our Offers are non-binding, wares are subject to prior sale. Our valid catalogues and price lists are part of the offer. Technical changes to form, colour, and/or weight are possible when reasonable. When ordering the customer declares bindingly to purchase the ordered products. We are entitled to accept the purchase within 2 weeks. The acceptance can be declared either by an order confirmation, or by supplying the ordered products to the customer. This is also valid for orders accepted by our travelling salesmen. Accepting an order does not bind us to accept future orders on the same conditions. Prices are in Euro, value added tax will be charged additionally. They are non-binding and are valid for supply EX works, packing and transport charges will be charged additionally. We reserve the right to change prices, especially if there are price, tax or wage increases after purchase. Our packing materials will be charged at net cost price, and is reusable. Reducing the invoice amount by disposal fees is not allowed. For custom-made or personalized productions the supplied quantity may vary by 10% of the ordered quantity. An order cancellation is not possible, and the products cannot be returned. If we produce according to samples or drawings sent by the customer, the customer has to ensure those are free from rights of other persons or companies. If others raise claims, the customer is responsible and releases us from all claims and restitutions.

 

3 Supply and transfer of perils

All transports are made on charge of the customer. We use transports that are, to our knowledge, the most favourable. A transport insurance will be used only on the customers written demand, to his cost and on his name. For commercial customers, the transfer of perils takes place when the customer or the forwarder takes over the shipment. For consumers, the transfer of perils takes place when the products are delivered to him. Even if the customer delays the acceptance of the delivery, the transfer of perils also takes place

 

4 Time of delivery

The time of delivery named in our order confirmation is non-binding, but calculated as to be realistic. They are based on the presumption that we will be correctly and timely supplied by our own suppliers. Damages due to delay are not allowed, only in case of gross negligence or deliberate intention. As we have many products it is possible that some are not on stock. We reserve the right to partial shipments. Unforeseeable events or force majeure release us from the contract.

 

5 Invoice and payment terms

In agreement with the customer, Dreusicke sends an invoice as pdf-file to an e-mail-address given by the customer. When the invoice is not send by e-mail, it will be printed on paper and sent with the shipment or by mail. If the offer or our order confirmation does not say otherwise, invoices shall be paid within 14 days after invoice date. We reserve the right to payment in advance (before delivery). Payments by cheque or bill of exchange are not accepted. Wire transfers are valid payment when they have been registered on our bank account. The overall retention of title remains until all obligations related to the business relationship, have been met by the customers. Fees and charges for late payments shall be paid by the customer. The customer may deduct own titles only if they have been lawfully confirmed, or have been confirmed by us in writing. A right of retention is accepted only if issued from the same contract. When the payment is delayed, the consumer pays interest 5% above the basic interest rate, the commercial customer 8% above the basic rate. We reserve the right to claim a more important delay damage towards the commercial customer.

 

6 Retention of title

Towards consumers we reserve the title on the products until the price of the products has been paid completely. Towards commercial customers we reserve the overall title on the products until all claims in a current business relationship have been paid completely. The customer must be careful with the products. If services or inspections are necessary, they shall be carried out on his cost. He shall prevent any seizure by third parties, e.g. in a levy of execution, and informs us of any damage or loss. He shall inform us of any change of owner or of address. If the customer infringes on the contract, especially when delaying the payment or other provisions of these terms and conditions, we may retract from the contract and reclaim the products. The commercial customer may sell the products. He relinquishes us all claims amounting to the price of the products, that emanate from the sale of the products. We accept the relinquishment. The customer has the right to collect the claims. We reserve the right to collect the claims ourselves when the commercial customer delays the payment to us. The processing of the products happens always in name and on order for us. If other products, not from us, are also processed, we acquire partial ownership on the new products, proportionally to the value of the processed products. This is also valid when other items are mixed.

 

7 Warranty

For commercial customers, for custom-made or personalized products, and for used products, the warranty period is one year, starting with the delivery. For consumers, the warranty period is 2 years, starting with the delivery. This does not apply if the product is used or custom-made or personalized. This is not valid if the customer does not inform us about deficiencies in good time. For commercial customers, the producer's product description determines the characteristics of the product. Public statements and advertisement by the producer are not part of the contract. When the assembly instructions are faulty, we are required only to supply an instruction without fault, and this only if a faultless assembly is possible only with a faultless assembly instruction. We do not give guarantees. Guarantees by the producer remain unchanged. For commercial customers or when the product is custom-made or personalized, we can choose between repair or exchange of the product. Consumers can make that choice themselves, except if the product is custom-made or personalized. We can refuse his choice in case it would cause unusual high costs, and the other choice would be without disadvantage for the consumer. When the faults persist, the customer can choose between price reduction or annulation of the purchase. When the faults are negligible, annulation is not possible.

Commercial customers must send us a written message about faults within 6 work days, starting from the delivery, in order not to loose the warranty claim. Commercial users must prove the fault, the time of noticing the fault, and the sending of the message. Consumers shall send us a written message within 2 months after noticing the fault. Within this period we must receive the message, else the consumer looses the warranty claim, except if we acted in bad faith. The consumer has to prove the time of fault discovery. If faulty advertisement by the producer has induced the consumer to buy the product, he has to show it influenced his purchase decision. For used products the consumer must prove that it is faulty. When repair or exchange failed to remove the fault, and the customer chooses to retract from the purchase contract, he cannot claim any damages. When he chooses to claim damages after repair or exchange failed, the product remains at the customer, when this is acceptable. The damages are limited to the difference between value and price of the product. This is not valid when we acted in bad faith, or when the customer is a consumer.

 

8 Limitations on liability

For simple neglect of duties our liability is limited to the usual direct damage foreseeable for this kind of product. This is also valid for simple neglect of duties by our representatives. There is no liability for simple neglect of insignificant parts of the contract towards commercial customers. The customer must himself test if the products are suitable for his application. These limitations on liability do not limit claims emanating from product liability. Customer's damage claims end after one year after delivery. This is not valid when we are to blame for gross fault. We are not responsible for the content of internet sites that is not under our care (external links).

 

9 Right of return

Catalogue products can be ordered for a 30 day test period. Within this period we accept product returns with the original packing and without traces of use. The price will be restituted. For products with traces of use, a partial price restitution is possible. Consumers can have the full price restituted if the use of the product was not unusual. Custom-made or personalized products cannot be returned.

 

10 Places of fullfilment and jurisdiction, miscellaneous

The applicable law is the law of Germany. The UN-Purchase law does not apply. For export the German Export Trade Law applies. For commercial customers the sole place of jurisdiction is our office. This is also valid if the customer has no place of jurisdiction in Germany, or place of residence or office are unknown at the time of filing the suit. Place of fullfilment for delivery and payment is Berlin-Tempelhof. The customer agrees that his data in relation to the business relationship are stored according to the data protection law. Text and pictures in our internet sites, catalogues and flyers are owned by their respective proprietors, and may not be reproduced without consent.

 

Wilhelm Dreusicke GmbH & Co. KG - Rohdestrasse 17 - D 12099 Berlin - Germany - Telephone 030/755 06-0

Last Update: 19th of December 2019

Dreusicke Shops profishop.dreusicke.de, service.dreusicke.de, toolshop.dreusicke.de, walzen.dreusicke.de, www.dreusicke.de, resp. dreusicke.com and benning123.de, are an internet service offered by Wilhelm Dreusicke GmbH&Co.KG, Rohdestr. 17, 12099 Berlin, Germany, VAT-ID: DE811977523. For further information please see our imprint.

Customer Data are used to …

… manufacture and sell Parts and Rollers, Tools and Machines, for use in/as devices in electronic industries such as the office machine industry or other. Customer Data are stored to answer inqiries and to fullfil orders. Data from commercial users are also used for marketing purposes (print mailings only).

Customer Data Storage, Use and Deletion

Address, Phone and Fax number, e-mail, contact person names, delivery address, reports on meetings with commercial customers are stored and will be, if necessary, transmitted to our accounts receivable department.

For storage and use we are applying the General Data Protection Regulation currently valid. Your data are protected from physical access. They are protected from electronic access by technical measures such as firewalls and antivirus software, also by organizational measures such as separate storage, access control etc. Employees with access to your data are required to protect your data.

Customer Data will be transmitted to third parties if necessary to fulfill our delivery obligations (address to the freight company, attorney if payments are overdue). Postal and parcel companies are bound by law to protect your data. Address and contact persons names are transmitted to our mailing company, who will send our print advertisement. Those companies are required to delete the data after use. We do not sell address data etc to third parties.

Tax laws require that we store data for 10 years after the last purchase or inquiry. We regularily check our database for data that can be deleted. The storage time can be extended to up to 30 years in order to be able to check warranty ussues, and to have necessary information for spare part deliveries during the life of the purchased products. Basis for this data processing is paragraph 6, section 1 lit.b GDPR, that says that the processing of data is allowed for order fulfillment, and precedent actions.

Data Storage and Deletion during internet shopping

ssl- or tls- encryption

Our sites use for security reasons and to protect confidential data like orders or enquiries, ssl- or tls-encryption. Encrypted connections can be recognized in the headline of your browser as it shows 'https://' or a locked padlock. Encrypted connections cannot be read by third parties.

We point out that data connections in the internet may be prone to security gaps. A 100% data protection from third parties is not possible. To offer you best protection, the order confirmation e-mail in our service.dreusicke.de shop can be sent protected by a password, or can be suppressed at all.

Cookies

The internetpages are sometimes using cookies. Cookies do not do any harm to your computer and do not have computer viruses. Cookies are used to make our offer more userfriendly, effective and safe. Cookies are small text data that will be stored on your computer and saved by your browser. Most of the cookies that we use are session-cookies. They will be deleted automatically after your visist. Other cookies stay saved on your terminal until you delete them yourself. Those cookies make it possible for us to recognise your browser at further visits.

You can regulate your browser to inform you about the settling of cookies and to only allow the cookies in individual cases, to accept the cookies for particular cases or to not accept them, as well as to activate the automatical deleting of the cookies after you closed the browser. After the deactivation of the cookies, the functionality of the website might be shortened.

Cookies that are needed for the implementation of the electronic communication process or for the supply of certain requested features (for example shopping cart feature), will be saved based on Art. 6 Paragraph 1 lit. f GDPR.

The website operator has an legitimate interest in saving cookies for the technical accurate and optimized supply of his services. If other cookies(for example cookies for the analysis of your behavior in the internet)are saved, they will be mentioned separately in this data privacy statement.

Server-Log-Dateien

With each call of a page or file of our internet site, and with every download, data are being stored at our internet provider. This storage is necessary for internal computer systems reasons, and for statistical purposes. The following data are being stored:

- Name of the called file

- Date and time of the call

- size of the transmitted file

- success/failure of the transmission

- Type of the webbrowser

- calling domain

These data are deleted after 30 days by our provider.

A fan-in of those data with other data sources won't happen. The collection ot those data happens based on Art. 6 paragraph 1 lit. f GDPR. The website operator has an legitimate interest in the technical accurate presentation and improvement of his website. Therefor the server-log-files have to be recorded.

contact form

If you send us a request on the contact form, your data from the contact form and your contact data will be saved for the processing of your request and for the case of following-up inquieries.

The processing of the data from the contact form only happens based on your consent. (Art. 6 paragraph 1 lit. a GDPR). You may cancel this consent at any time by sending us an informal Email. The legality of the data processing before the cancellation of the agreement remains.

The data from of the contact form will be saved by us, until you ask us to delete them or until you cancel the consent for saving or the purpose for the data saving is not applicable (for example after completed processing of your request). Mandatory legislation, especially statutory retention obligations, remain.

Customer login and -password

Active Customers with an e-mail address in our customer data base can receive a customer login ans password. Logged-in customers can view their purchase prices, delivery terms and payment conditions in the internet shop.

The Password is issued automatically. Several security mechanism prevent any misuse, e.g. the confirmation e-mail with a link to the password. Additionally the connection is secured via certificate (SSL).

Unused passwords will be deleted after 2 years. To this end, the date of the first and the date of the last use are stored. These dates are not processed otherwise. Legal safekeeping periods prevail.

The processing of the dates of your costumer login results from your agreement (Art. 6 paragraph. 1 lit. a GDPR). You are allowed to take this agreement back at any time by sending an informal Email to us. The data processing before the cancelation of the agreement remains legal.

Paypal

You can pay via Paypal on our website. The provider of this payment service is PayPal (Europe) S.a.r.l. et Cie, Luxembourg (in the following PayPal). If you select the payment with Paypal, the invoice amount and the session-ID will be transferred to Paypal. After you logged into Paypal and paid successfully, Paypal will transfer your delivery adress and your billing adress to us.

The transmission of your data from Paypal is based on Art. 6 paragraph 1 lit. a GDPR (agreement) and Art. 6 paragraph 1 lit.b GDPR (processing for the completion of a contract). You have the possibility to cancel the agreement of the data processing at any time. The cancelation of the agreement has no influence on the data procession that had been done in the past.

Cancelation of the acquiescence of the data processing Many data processing processes are only possible with your explicit acquiescence. You are allowed to cancel an acquiescence at any time by sending an informal Email to us. The cancelation of the agreement has no influence on the data procession that had been done in the past.

Right of objection of the data collection (Art. 21 GDPR)

When the collection of your data is done according to Art. 6 paragraph. 1 lit. e or f GDPR, you can object to the data collection at any time, for reasons specific to your situation. The legal basis on which this data collection and processing are done can be found in this data protection policy. When you are objecting, we shall no longer use your personal data, as long as we have no necessary reasons worthy of protection and your own reasons and rights are less important than ours, or the data processing is done for defending or claiming legal claims (objection acc. to Art. 21 paragraph 1 GDPR).

When your data is used for direct mailings, you have the right to contradict its use for this purpose. When you are contradicting, your personal data will not be used for direct mailings any longer (contradiction according to GDPR article 21 paragraph 2).

Right of Complaint at the relevant supervisory authority

In case the GDPR is violated, those affected may complain at a relevant supervisory authority, especially in the country of residence, work, or place of the violation. This right of complaint may be used independently of other legal or administrative measures.

Right of Transfer

You or a third party you name us, may receive computerized data we are processing, in a typically used computer data format. If you require transfer a third party, this will be done only if technically feasable.

Infomation, Suspension, Deletion and Correction

Within the legal framework you have at any time the right of information about your personal data we are storing, their provenance, their use, their beneficiary, at no charge, and also possibly the right of right of Suspension, Deletion and Correction of this data. Please contact us by the adress given in our imprint.

Right on the limitation of the data processing

You may require limitations on the processing of your data. Please contact us by the adress given in our imprint. This right may be exercised under the following circumstances:

When you are contesting the correctness of the personal data we are storing, we shall need time to check. During the check you may demand limitations on the processing of your personal data.

If the processing of your personal data was or is unlawful, you can demand limitations on the processing of your personal data, instead of having them deleted.

If we do no longer need your personal data, but you are needing them to assert your rights or claims, then you can demand limitations on the processing of your personal data, instead of having them deleted.

If you refuse according to article 21 paragraph 1 GDPR, there shall be found a fair balance between your rights and our rights. As long as that balance has not been found, you have the right to demand limitations on the processing of your personal data.

If you have limited the processing of your data, these may be processed only with your consent, or for enforcement, use or assertion of legal claims, or for the protection of other natural or legal persons rights, or because of public interest of the European union or one of its member states. Storage is always allowed.

Compulsary Data protection Officer

Our company's data protection officer can be reached at: B2 Berlin Beratungsgesellschaft mbH, Goerzallee 299, 14167 Berlin, Germany. Via e-mail: datenschutzbeauftragter (at)dreusicke.de.

Last Changes: may 8, 2024.